1. 1. Prohibition Beginning January 1, 2021, a covered establishment may not process, prepare, sell or provide food or beverages in or on a disposable food service container that is composed in whole or in part of polystyrene foam.

   [PL 2019, c. 62, §1 (NEW).]

2. 2. Plastic beverage stirrers A covered establishment providing beverages at a facility or function of the State or of a political subdivision may not provide beverage stirrers that are composed of plastic. For the purposes of this subsection, "beverage stirrer" means a device that is designed solely to mix liquids that are intended for internal human consumption and are contained in a single-serving container.

   [PL 2019, c. 62, §1 (NEW).]

3. 3. Exemptions Notwithstanding subsection 1, a covered establishment may:

   1. A. In an emergency for the immediate preservation of the public health or safety, as determined applicable by the department, process, prepare, sell or provide food or beverages in or on a disposable food service container that is composed in whole or in part of polystyrene foam;

      [PL 2019, c. 62, §1 (NEW).]

   2. B. Sell or provide food or beverages in or on a disposable food service container that is composed in whole or in part of polystyrene foam that a consumer brings to the covered establishment; and

      [PL 2019, c. 62, §1 (NEW).]

   3. C. (TEXT EFFECTIVE UNTIL 7/1/27) (TEXT REPEALED 7/1/27) Sell at retail food or beverages in or on a disposable food service container that is composed in whole or in part of polystyrene foam that the covered establishment purchases prepackaged at wholesale. This paragraph is repealed July 1, 2027.

      This paragraph is repealed July 1, 2027.

      [PL 2025, c. 151, §3 (AMD).]

   [PL 2025, c. 151, §3 (AMD).]

PL 2019, c. 62, §1 (NEW). PL 2021, c. 208, §4 (AMD). PL 2025, c. 151, §3 (AMD).